Legal Guide

Basic Strategies Used by Criminal Defence Lawyers in Calgary

If you’ve been arrested by the Calgary police, the first step to defend yourself is to ask for a lawyer. The criminal defence lawyers in Calgary can protect your rights and deal with the Crown prosecutors so that you’re accorded all your rights during the resolution process of your case.

Your lawyer can negotiate a plea deal, or you can go ahead with a trial to determine your guilt or lack thereof. In general, the criminal defence lawyers in Calgary can use any of the following basic strategies:

  1. There’s not enough evidence. The presumption of innocence is the foundation of the Canadian justice system, and it’s the burden of the Crown to prove that you’re guilty of the charges laid against you. This means that the Crown prosecutors must have enough compelling evidence against you to proceed with a trial. Your lawyer can argue that the Crown’s evidence is insufficient to have you declared guilty.

    For example, if a child in your family is abducted, you being a relative of the missing child is not enough evidence to find you guilty. This is despite the fact that statistically, child kidnapping is usually committed by a relative of the child.
  1. You have an alibi. An alibi is irrefutable evidence that you were somewhere else when the crime you were charged with took place. Thus, your lawyer can present evidence that you were in London at the time you were supposedly committing the crime in Calgary.
  2. You have evidence refuting the evidence against you. Often, you need not simply stand silent while the prosecutors present their evidence against you. Your lawyer may be able to point inconsistencies in the Crown’s evidence, or present your own evidence refuting the charges against you.

    Thus, if the Crown’s case depends on their belief that the perpetrator of the crime is right-handed, your lawyer can refute the evidence against you by proving that you’re actually left-handed. Charges of rape can be countered by video footage showing that the sex was consensual.
  1. Self-defence. You may be cleared of assault or murder charges even if the prosecutors can prove that you committed the act if you claim self-defence. This is a defence for which your legal team must actively prove that your life or the lives of your loved ones near you were in real danger and you had no other choice but to act.
  2. You’re not criminally responsible by reason of mental illness. This is because you were of diminished capacity during the commission of the crime, and therefore you cannot be held responsible for your acts. One well-known case of this happened in Canada, when a woman from Seattle was allowed to walk free from a BC courtroom, after she was tried for causing a car crash that killed 2 Canadian women. Her lawyer was able to prove that she was suffering from psychotic delusions at the time, after taking an over-the-counter diet drug.

It is best that you let your criminal defence lawyer determine the strategy to use to counter the charges against you. They’re the ones with the knowledge and experience to make sure that you get the best possible outcome for your case.

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